RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01792
	INDEX CODE:  110.00
	COUNSEL:  NONE

	HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  5 DECEMBER 2006
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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded.
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APPLICANT CONTENDS THAT:

His problems began while he was in basic training.  His instructor threw him off a bunk injuring his head, neck and back.  The next day his body was sore and his hearing was impaired.  He started hearing voices and people talking to him.  Three days later he was instructed to report to the infirmary and to tell the doctors and nurses that he was hearing voices.  He was examined and was told that he was “home sick.”  He received no medication or follow-up visit.  

After basic training he was reassigned to permanent K.P. where he washed trays and loaded trucks.  He was asked by his sergeant to unload a truck.  He responded with the slang word “solid.”  He was later arrested and charged with telling his sergeant to “shut up.”  He lost his stripe and hope of getting relieved from permanent K.P.

He received orders to Japan.  He went home on furlough for a few days without any money.  He was desperate, stranded and unable to get to his base.  He reported to Ellington AFB and was helped to get to his next base.  He arrived one and one-half days late and was court-martialed and sentenced to six months without pay and issued a bad conduct discharge.  After serving his sentence he was told that he was going to receive an undesirable discharge instead of a bad conduct discharge.  

He received his undesirable discharge for no good reason and has walked through life ashamed.  He has suffered another head injury and was recently diagnosed with throat cancer.  

He remains faithful that he will get a fair hearing.
No supporting documents.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

It appears fire may have destroyed the majority of the applicant’s military personnel records in 1973.  Therefore, the facts surrounding his Air Force military service cannot be verified.  The following is the only known information concerning his military service and was extracted from the available documentation submitted by the applicant.

On 2 April 1954, the applicant enlisted in the Regular Air Force at the age of 18.  On 20 January 1956, he was discharged in the grade of airman basic (E-1) and issued an undesirable discharge certificate.  He served 1 year, 9 months and 18 days on active duty.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an investigative report pertaining to the applicant (Identification Record No.), which is at Exhibit E.

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AIR FORCE EVALUATION:

NO AIR STAFF ADVISORY.

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APPLICANT'S RESPONSE:

On 23 August 2004 a copy of the Federal Bureau of Investigations (FBI) report was forwarded to the applicant.  As of this date, this office has received no response (Exhibit C).  In his undated response to our request for post-service information, the applicant provided a personal statement and a Metro Lift application (Exhibit D). 

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We find no impropriety in the characterization of applicant's discharge.  It appears that responsible officials applied appropriate standards in effecting the separation, and we do not find persuasive evidence that pertinent regulations were violated or that applicant was not afforded all the rights to which entitled at the time of discharge.  We conclude, therefore, that the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances. Although the applicant has provided some documentation concerning his post-service activities, we find this information insufficient to warrant an upgrade of his discharge on the basis of clemency.  In addition, in view of the contents of the FBI Identification Record we are not persuaded that the characterization of the applicant’s discharge warrants an upgrade on the basis of clemency.  In view of the above we find no basis to warrant favorable action on this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application in Executive Session on 9 March 2005, under the provisions of AFI 36‑2603:

The following documentary evidence was considered for AFBCMR Docket Number BC-2004-01792:

     Exhibit A.  DD Form 149, dated 13 Jul 04 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letters, AFBCMR, dated 5 Aug 05 & 23 Aug 05. 
     Exhibit D.  Letter, Applicant, undated w/atch.
     Exhibit E.  FBI Report.